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(영문) 수원지방법원 평택지원 2013.07.04 2013고단543
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of B Hegelaki 2 car.

On February 2, 2013, the Defendant driven the said car at a speed of about 50 kilometers a speed of 0 kilometers a speed of 50 kilometers a speed of time, from the Jincheon to the dead-water slope of the road near the 2nd class 3-class 3-class 3-class 2-class 3-class 3-class 3-class 3-

At the time, the Defendant had been witnessed of a traffic accident due to two road ices before the lapse of the above section, and there was a road in a ice state where the median line was installed, so in such a case, the person engaged in driving of a motor vehicle had a duty of care to prevent the accident due to the reduction of speed to the maximum extent possible and the driving of the motor vehicle by observing the bus line.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s car in front of the Defendant’s car, which was driven by the victim C(the 40-year-old driver’s 40-year-old driver’s license) due to the occupational negligence going beyond the median line and going beyond the median line.

As a result, the Defendant suffered from the above occupational negligence to the victim C such as injury to the victim E (V, 46 years of age) who was on board the Defendant’s car to receive approximately 12 weeks of medical treatment, such as injury to the victim E (V, 46 years of age) of two flives requiring medical treatment for about 1 week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant suffered bodily injury that requires 12 weeks of treatment by causing traffic accidents in which the defendant commits a central line.

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